N.C. Court of Appeals Opinions for March 1, 2016

By / March 1, 2016

The North Carolina Court of Appeals released a batch of opinions today: B S K Enters., Inc., v Beroth Oil Co.  (15-189). Groundwater contamination, trespass, nuisance, cost of remediation, diminution in value, OPHSCA Baldwin v. RHA Health Servs., Inc.  (15-952). Long term care facilities, health care provider, NCGS 90-21.11(1), medical malpractice, Rule 9(j) certification, Rule 12 (b)(6) …

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North Carolina Court of Appeals Opinions for February 16, 2016

By / February 16, 2016

The North Carolina Court of Appeals released a batch of opinions today: Adams v. The City of Raleigh  (15-782). Probable cause. [Juice Bar Teen-Lounge noise case] Cherry v. Wiesner,   (15-155). standing, historic district, land use, Board of Adjustment, aggrieved party, special damages. [Modern house in Oakwood case] Davignon v. Davignon  (15-743). Award of court cost. Attorney’s fees. …

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Release order prohibiting possession of computer violated without evidence of actual use – Fourth Circuit – Unpublished

By / February 10, 2016

US v. Cook. – Unpublished. Cook pleaded guilty to travel with intent to engage in illicit sexual conduct. Following his imprisonment, he was subject to ten years of supervised release. The terms of that release included: 7.  The defendant shall not possess or use a computer to access any online computer services at any location, …

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Live Nation is not a concert promoting monopoly – Fourth Circuit

By / February 9, 2016

It’s My Party, Inc. v. Live Nation. It’s My Party (IMP) claimed that Live Nation violated the Sherman Antitrust Act by engaging in monopolization, tying arrangements, and exclusive dealing in the music concert industry. The district court granted summary judgment for Live Nation, and the Fourth Circuit affirmed. Live Nation is an enormous concert promoter. …

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Norfolk VA former sign ordinance unconstitutional under First Amendment – Fourth Circuit

By / February 8, 2016

Central Radio Company, Inc. v. Norfolk. Central radio sued Norfolk, Virginia, over its sign ordinance, alleging that it violated the First and Fourteenth amendments. For background, the city’s Redevelopment and Housing Authority started condemnation proceedings against Central Radio in 2010. In 2012, while an appeal in that proceeding was pending, the company put a banner …

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N.C. Court of Appeals decisions for February 2, 2016

By / February 2, 2016

The North Carolina Court of Appeals released a batch of opinions today: NC Dep’t Of Pub. Safety v Owens  (15-367). Waiver of Personal Jurisdiction Defense; State employment; Termination; Loss of Credentials; Arbitrary and Capricious. Am. Mech., Inc. v Bostic  (15-385). Appellate Jurisdiction; Rule 3: Business Court. “we take this opportunity to further explain our holding in Ehrenhaus …

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Email monitoring of deployed troops not subject to Fourth Amendment – Fourth Circuit

By / February 1, 2016

Aikens v. Ingram. Aikens, a N.C. National Guard member, sued under 42 USC 1983, claiming that two officers had violated his Fourth Amendment rights by monitoring his emails. At the time, Aikens was deployed, using a Department of Defense computer. The defendants allegedly monitored his emails in order to find incriminating correspondence that they could …

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Sheriff not liable for terminating deputies that didn’t donate to reelection. – N.C. Supreme Court.

By / February 1, 2016

Lloyd v. Bailey. (Also McClaughlin v. Bailey and Young v. Bailey). During his campaign for Sheriff of Mecklenburg County, Bailey solicited campaign donations from his deputies. He was reelected and shortly thereafter terminated several deputies who had refused to contribute to the reelection campaign. The deputies sued, claiming wrongful termination under N.C.G.S. § 153A-99, and of …

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N.C. Supreme Court Opinions for January 29, 2016

By / January 29, 2016

The North Carolina Supreme Court released a batch of opinions today: Irving v. Charlotte-Mecklenburg Bd. of Educ., (557PA13) Wreck allegedly caused by negligence of driver of school activity bus; whether school activity buses are covered by the State Tort Claims Act under N.C.G.S. § 143-300.1. State v. Williams, (333PA14) Whether an indictment charging a registered …

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Oral argument today in Rowan County, NC legislative prayer case (Briefs) – Fourth Circuit

By / January 27, 2016

Today, the Fourth Circuit will hear oral arguments in Lund v. Rowan County. The County is appealing the decision of the Middle District of North Carolina, which ruled the County’s public prayer practice unconstitutional under the Establishment Clause of the First Amendment. The crux of the issue: is the County’s practice government prayer that coerces the audience toward …

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